Link Housing Association Ltd (Hereafter Referred to As Link) Is the Property Factor For
1.0 INTRODUCTION
Link Housing Association Ltd (hereafter referred to as Link) is the property factor for your estate as defined within Section 2 of the Property Factors (Scotland) Act 2011.
Link is a private limited company (Company Number SC216300) and has its registered office at Link House, 2C New Mart Road, Edinburgh, EH14 1RL.
Link is a subsidiary of Link Group Ltd. Link Group Ltd and its subsidiaries (the Link group) are a group of social enterprise companies providing affordable housing, property management, regeneration, advice, financial inclusion and employability services.
2.0 AUTHORITY TO ACT AS FACTORS
Link has been appointed by its parent, Link Group Limited, to undertake the role of property factor on its behalf. Link is an agent of Link Group Ltd.
The basis of our authority to act as property factor for this development is based on the title deeds to your property (hereafter referred to as the Title Deeds), or otherwise by established custom and practice.
2.1 Conflict
From time to time a conflict may occur where the Title Deeds say something different to this Written Statement of Services. Where the Title Deeds conflict with this Written Statement of Services, the Title Deeds will prevail. Where the property Title Deeds conflict with the Code of Conduct for Property Factors (hereafter referred to as the Code), the Title Deeds will prevail. All other parts of this Written Statement of Services on which there is no conflict will continue to apply.
2.2 Extent of Common Areas
The Title Deeds confirm the area(s) for which you are jointly responsible (hereafter referred to as the Common Areas). All Title Deeds, including title plans, are lodged with the Registers of Scotland and you can contact them to obtain a copy, on payment of a fee, using the following details:
Registers of Scotland, Hanover House, 24 Douglas Street, Glasgow, G2 7NQ
Phone: 0845 607 0164
Email:
Online: www.ros.gov.uk
2.3 Delegated Authority
The basis of Link's authority to act entitles Link to carry out routine repairs without obtaining consent from owners in advance up to the threshold value (hereafter the delegate authority level) specified in the Property Specific Schedule attached.
If the cost of works is greater than Link’s delegated authority level we will obtain consent from owners before work is progressed. Link will provide estimated costs when seeking majority agreement, or unanimous agreement in the case of significant improvements, from owners. This can be obtained in a variety of ways including at a meeting, or in writing. Link may also require a mandate, or minute of agreement, from owners agreeing the cost and payment in advance of work being instructed.
Link does not require owners’ permission to progress emergency repairs, even if the costs exceed the delegated authority level. Emergency repairs are where urgent work is required to prevent damage, or in the interests of health and safety, and where there is not time to use the normal channels of consultation and decision making.
2.4 Declaration of Interest
Any financial or ownership interest which Link has within your development is set out in the Property Specific Schedule.
2.5 Property Rented Out
If your Title Deeds permit you to rent out your property and you decide to do so, it is essential that you keep Link updated with your current correspondence information for billing, general communication and emergencies. Even where a letting agent is employed, owners will continue to be liable for factoring related costs and are required to correspond with Link regarding the factoring issues.
3.0 SERVICE PROVIDED
3.1 Core Service
Link provides a core service which is included in the management fee (also known as factoring fee) outlined in your Property Specific Schedule. This service includes:
· A dedicated property manager
· Handling enquiries and complaints
· A responsive communal repairs reporting service, including a 24 hour emergency service
· Appointing, managing and paying contractors for repairs, landscaping and cyclical maintenance work within Link’s delegated authority
· Consulting on work above Link’s delegated authority as described at Section 2.1 of this document
· Apportionment of charges amongst owners and provision of payment facilities including direct debit
· Debt recovery where applicable
· Administering any applicable cyclical maintenance funds (also known as Sinking Funds) within an interest bearing account
· Ensuring compliance with all relevant statutory obligations
· Site inspections (frequency stated in the Property Specific Schedule)
· Preparing programmes of work based on site inspections and arranging any necessary works within our delegated authority. Link will consult owners, where applicable in accordance with the Title Deeds for work above our delegated authority. Link will share details of programmed works on request.
3.2 Communal Repairs
As your factor, Link will carry out repairs to Common Areas and is unable to provide a repair service for your private property.
Owners are responsible for reporting communal repairs to Link and Link’s staff will also report and process repairs identified through site inspections, or following reports from residents.
Please ensure that any acts of vandalism are reported to the Police. Link can only progress insurance claims for work relating to vandalism if you provide us with a crime reference number, which is given to you by the Police.
3.2.1 Reporting Repairs: Routine and Emergency
Emergency Repairs can be reported 24 hours a day, 7 days a week. Emergency repairs are where urgent work is required to prevent damage, or in the interests of health and safety, and where there is not time to use the normal channels of consultation and decision making.
To report an emergency repair at any time please phone: 03451 400 100.
All other repairs can be reported online, or alternatively by phoning or texting us for a call back between 9am and 5pm Monday to Friday.
Online: www.linkhousing.org.uk/homeowners/report-a-common-repair/
Phone: 03451 400 100
Text for a call back: 07557 183 553
3.3 Repair target response times
Our current target response times are located on our website at www.linkhousing.org.uk/homeowners/report-a-common-repair/.
When an owner notifies Link of a repair we will confirm our target response time.
Where the reported repair has an estimated cost above the delegated authority limit we will consult with owners when required and provide owners with any necessary progress reports. Non-routine works requiring tender, consultation or specialist equipment may take longer than the routine timescales listed on our website.
3.4 Area specific services
As part of our appointment Link may have agreed to provide additional services for your development. Additional services will be confirmed in the Property Specific Schedule together with details of charges.
4.0 FINANCIAL AND CHARGING ARRANGEMENTS
4.1 Charges
We pride ourselves in delivering good value for money, strive to continually improve the services provided and aim to keep costs as competitive as possible.
Your total charges cover various elements including:
· Management fee
· Your share of the common charges as set out in the Property Specific Schedule.
· Building insurance (where applicable)
You may also be required to pay a float and / or cyclical maintenance fund (also known as a sinking fund) as part of the service. See Sections 4.4 and 4.5.
At certain times there may be additional costs to pay, as set out below and detailed in your Property Specific Schedule.
4.1.1 Management Fee
Link charges a flat rate annual fee per property. The current annual fee is confirmed along with any additional fees in the Property Specific Schedule.
4.1.2 How this fee is set
The management fee and additional fees are reviewed annually as part of our budget process. Link will provide 28 days’ written notice of any management fee changes greater than the rate of inflation. To set fees, Link assesses the direct costs associated with providing the service including the management cost per property, staff overheads and other costs.
4.1.3 Share of common charges
The share each owner pays is determined by the Title Deeds. The breakdown of your share of the common charges is confirmed in the Property Specific Schedule.
The charges for works which have been carried out are applied to your account as soon as possible after Link has paid the contractor’s invoice. The performance of our contractors is monitored throughout the contract period and invoices paid accordingly. Link will carry out post work quality inspections on a sample basis.
Link invoice you what the contractors charge us for the service they provide. Copies of the contractors’ invoicing can be provided on request, where available, subject to removal of any commercially sensitive information. Any charge made for providing copies is confirmed in the Property Specific Schedule.
4.2 Block Building Insurance
In most areas a block building insurance policy is in place to cover the communal elements of the property (excluding home contents) as outlined within the policy schedule. If you wish to make a claim under the policy provided as part of your factoring service, please contact Link on 01324 417 141 or email .
The premium due is linked to the reinstatement value provided by the builder/surveyor at the time you purchase the property, or more recent stock revaluation data obtained for insurance purposes. The reinstatement value of the property is the rebuild cost, which is different from the property value on the open market.
The insurance premium is index linked and the re-instatement value can only be changed if evidenced appropriately by a suitably qualified surveyor. Owners are responsible for providing the reinstatement value of the property to be covered under the block insurance policy. Link recommends owners instruct periodic revaluation surveys by an independent, third party surveyor to ensure the property is adequately covered. Based on majority consent, Link can instruct the revaluation survey on behalf of owners. The administration and survey cost for this service is recharged to owners. Link accepts no liability for the accuracy of the reinstatement value for your property.
Link will appoint an insurance provider in accordance with the Link Group Procurement Strategy. Premium costs are located in the Property Specific Schedule. The insurance premium is automatically renewed annually and the premium automatically starts when a new insurer has been appointed.
Owners are not allowed to opt out of block building insurance. If your Title Deeds and /or any factoring agreement permit you to do so, owners should contact Link at least four weeks before the premium renewal date, currently 28 April. All flat owners are legally obliged to have appropriate buildings insurance in place to the full re-instatement value of their property and Link may seek evidence that owners have this in place.
Link will write out to you once a year to confirm the annual premium amount. A Summary of Cover will be provided free of charge upon request. Full details of the policy documentation are available for owners to review for free at our office located at Watling House, Callendar Business Park, Falkirk, FK1 1XR. Fees for copies of the full policy documentation are detailed in the Property Specific Schedule.
Link does not receive any commission for insurance. Link’s annual administration fee for arranging block insurance is detailed in the Property Specific Schedule.
4.3 Additional Charges and Services
Additional services relating to your development are detailed in the Property Specific Schedule. This may include:
· The administration of major repairs above the value of our delegated authority, for which an administration fee is charged upon completion, as detailed in the Property Specific Schedule
· The management of, or apportionment of monies associated with, Solar Panels serving communal areas as detailed in the Property Specific Schedule
· The administration and cost of providing copy documentation as detailed in the Property Specific Schedule
· Any other items which are development specific as detailed in the Property Specific Schedule.
· No charge will be made for issuing invoices in the first instance. A copy of contractor invoices will be supplied on request, free of charge, in the first instance. Any further requests for copy invoices will be charged for in accordance with the Property Specific Schedule.
4.4 Float
Where floats are paid it is common practice for the owner to make arrangements through their solicitor to transfer the float balance on through the resale of the property to the new owner. Where an owner does not wish to transfer the float on through the sale of the property, Link will refund the float once the account balance is cleared. If the float is not transferred through the sale of the property the new owner is required to pay the float either through their solicitor, or directly to Link.
Link holds float funds belonging to owners in a non interest paying bank account, which is separate from any accounts holding Link Housing funds.
Link reserves the right to transfer floats into accounts to cover unpaid common charges.
The amount of any float payable for your property is set out in the Property Specific Schedule.
4.5 Cyclical Maintenance or Sinking Funds
A Cyclical Maintenance Fund (sometimes known as a Sinking Fund) may be set up to pay for future major repair or replacement of common elements. Link will notify owners where a Cyclical Maintenance fund is in place and explain the reason for the fund. Cyclical Maintenance funds are held in an interest-bearing account on behalf of owners. Payments to the Cyclical Maintenance fund are non-refundable. If an owner sells the property any Cyclical Maintenance funds paid by the owner will not be refunded. The amount should however transfer as an asset with the sale of the property. Where owners are contributing to a cyclical maintenance fund, details will be listed in the Property Specific Schedule.
4.6 Final Account Fee
Owners are responsible for advising Link of any change in homeownership. Link requests that owners provide six weeks’ notice in advance of selling their property wherever possible. Link will compile a final account to be passed to your solicitor on the day your home is sold, provided sufficient notice has been provided to Link. Link charges a flat rate final account fee to cover the administration and apportionment of charges to the date of sale. The final account fee amount is confirmed in the Property Specific Schedule.